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| Alla v. Gonzales, No. 04-4249-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Where State Department report indicated that changes favorable to Albanians had occurred in Macedonia, and 2001 report alien relied upon did not address whether changes had occurred since report was written, substantial evidence supported finding that changed country conditions rebutted alien's fear of future persecution based on past persecution.
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| Camilli v. Grimes, Docket No. 05-1914-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Although a dismissal without prejudice under Fed. R. Civ. P. 41(a)(2) resulted in some legal prejudice to an attorney due to the fact that he was unable to satisfy the elements of a future malicious prosecution claim, the decision was not an abuse of discretion because this was not the type of prejudice anticipated in case law.
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| Chang Ming Zou v. United States AG, No. 03-40967-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Alien, a native and citizen of China, was properly denied asylum, withholding of removal, and CAT relief applications. An IJ's rejection of the alien's testimony that he was detained to compel his girlfriend to have an abortion was supported by substantial evidence under 8 U.S.C.S. § 1252 based on government reports and the absence of an abortion.
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| Demarcuks v. Dep't of Homeland Sec., No. 03-41057,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Decision denying an alien's application for asylum was vacated and remanded where an IJ's adverse credibility finding could not have stood because the IJ failed to articulate specific, cogent reasons that bore a legitimate nexus to the finding, and the IJ improperly put the burden of proof on the alien to show that he could not have relocated.
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| Hai He v. Gonzales, No. 04-4315-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Petition for review was denied as the IJ's adverse credibility finding was substantially supported by record. IJ sufficiently supported his finding that alien was merely attempting to relay information that he has memorized and there was no indication that IJ acted arbitrarily or capriciously in his analysis of alien's demeanor during testimony.
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| Jin Jian Zheng v. Gonzales, No. 05-0143-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Petition for review was denied; even if case were remanded because BIA made improper finding as to timeliness of alien's motion to reopen, the outcome would not be different. Supporting documents did not support alien's claim that Chinese government changed enforcement of coercive family planning policy as to its citizens with U.S. born children.
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| Kollacku v. Gonzales, No. 04-1402-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Alien's fear that he would be arrested did not support claims for asylum, withholding of removal, or relief under the CAT where the outstanding arrest warrant in Albania was based on the alien's criminal activities; the arrest would not be persecution based on a protected ground and would be a "legal sanction" that did not contravene the CAT.
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| Martini v. INS, No. 05-2440-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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Overview: Court of appeals found that record supported IJ's determination that incidents alien described in support of his claim that he would be persecuted if were returned to Kosovo did not show he had been persecuted, and because he failed to demonstrate past persecution, he was not entitled to a presumption of a well-founded fear of future persecution.
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| Muqkurtaj v. Gonzales, No. 04-4199-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 26, 2006, Decided
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